Tuesday, January 5, 2016

The question of Local Government Election Timing legality.

It seems that the Constitution is very clear that Local Government Election is to be held upon completion of 5 year term unless politically prematurely dissolved. And this is not happening today.

It is not about who is right or wrong. It should be in the national interest to get such democratic process constitutionally right from the onset. Local Government concerns twenty Dzongkhags not just the three Thromdes facing election presently.

We seem to have a pro active Supreme Court. Various legal directives have been issued to streamline the process of judicial justice. In like manner, I hope the Supreme Court takes a proactive consideration of the present scenario.

Supreme Court is a living and nationally responsible esteemed Institution. It cannot remain a Monument silently witnessing if unconstitutional political /election process takes place.

Is it proper for Supreme Court to submit its view to His Majesty the King without being called upon as to where the Constitution stands on the particular case of when it is constitutionally correct timing to hold Local Government Elections ?

It is the right time to intervene by the Constitutional Authorities. In the early formative years, the democratic political process of the nation need the constitutional guidance and intervention of the Supreme Court and His Majesty the King. Everything should not be left to Election Commission because this constitutional agency is not the ultimate authority in the interpretation of the Constitution.

Should the Local Government Election be held prematurely similar to National Council or after completion of full term similar to National Assembly ?

Like the Interim Government in the absence of Cabinet and National Assembly, the Local Governments also have a full functional Team headed by an Executive Secretary. I think all the administrative structures are in place for Local Government Election to be held as so determined by the Constitution.